Possess Prohibited Drug

Possess prohibited drug can result in a criminal record. However, we are here to help.

We are experienced criminal lawyers, and we are committed to helping you obtain the best possible outcome.

For example, read our Past Cases on how we helped our client to avoid a criminal conviction for serious Drug Possession charges:

Can I avoid a criminal record for possess prohibited drug?

Yes. However, the likelihood of this outcome depends on a number of factors. For example:

  • The quantity or weight of the drug
  • The circumstances of the offence
  • Any aggravating circumstances
  • Your prior criminal history
  • Your subjective circumstances
  • Any rehabilitation you have undergone

We’re here to help


    Likely penalty for first time drug possession

    For many first time offenders, the likely penalty will be a fine or a conditional release order. As a result, a conviction will be recorded.

    However, it is possible to avoid a criminal conviction, particularly if the quantity of the drug is small and you have a strong subjective case.

    We help you prepare a strong case, by working closely with you and understanding the unique circumstances of your case.

    Will I go to jail?

    The maximum penalty in NSW is 2 years imprisonment and a fine of $2,200. Therefore, it is possible to go to jail for this offence, which means the court considers this a serious offence.

    If I defend the charge, what must be proved?

    The prosecution must prove beyond reasonable doubt that you:

    • Were in possession of a prohibited drug; and
    • Knew it was in your possession, or knew of its likely existence.

    Therefore, you will be found not guilty of drug possession if the prosecution is unable to prove these elements.

    Schedule 1 of the Drug Misuse and Trafficking Act 1985 provides a list of prohibited drugs. A prohibited drug also includes ‘admixtures’, such as a cake that contain a small portion of a prohibited drug.

    We can help

    Our lawyers are experts in representing offenders charged with possessing drugs.

    We can help you:

    • Defend the charge
    • Negotiate with police to withdraw the charge or amend the police facts
    • Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.

    We are committed to helping you obtain the best possible outcome for your case. Contact us today on 0421 700 497 for a free initial consultation.